30 May 2013 - ICTY

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2144. The Stanišić Defence submits that Witness JF-039 is at times moving into “the realm
of fantasy”, and that his evidence is internally inconsistent and confusing, as well as
inconsistent with Milan Babić’s evidence. 4546 No other evidence supports the chain of supply
from Simatović to Martić alleged by Witness JF-039. 4547 It further submits that contrary to
Babić’s theory of the continuous support of the Accused to the Krajina, Witness JF-039
testified that Simatović only delivered assistance up until the first half of 1991. 4548
2145. The Stanišić Defence submits that Babić contradicted himself in his evidence in
relation to the “parallel structure theory” which, in his view, came into existence in August
1990, but only began its activities in April 1991. 4549 Against his theory on all-encompassing
DB logistical support for Serbs in Krajina after mid-1991, he himself stated that in 1992, the
police in Krajina was financed by the Serbian MoD. 4550
2146. In relation to the reliability of Milan Babić’s evidence, the Trial Chamber recalls its
considerations in chapter 3.1.7. With regard to the Defence allegations, the Trial Chamber
considers Babić’s evidence about the existence of the parallel structure of power to be
internally consistent. Furthermore, it does not consider that when stating that the Serbian
MoD financed the Krajina police in 1992 and thereafter, Babić contradicted his general
statements about the parallel structure’s support for the SAO Krajina police before and after
1992. The Trial Chamber considers the evidence of Milan Babić to be generally reliable. As
to any possible minor inconsistencies therein, the Trial Chamber will take them into
consideration when making its findings.
2147. In relation to the reliability of Witness JF-039’s evidence, the Trial Chamber has
already partly addressed the submissions of the Defence in chapter 6.3.2. Furthermore, the
Trial Chamber considers that despite some minor inconsistencies, the evidence of the witness
is logical and coherent. As to the evidence of Witness JF-039 that Simatović brought
assistance to Martić only up to mid-1991, in the context of the witness’s overall evidence, the
Trial Chamber understands this to refer to personal visits of Simatović in the Krajina. It does
not interpret it as referring to a complete discontinuation of the support for the SAO Krajina
Police, in particular in terms of financial assistance. Consequently, the Trial Chamber does
not consider that this evidence contradicts that of Babić, on the allegedly continuous
4546 Stanišić Defence Final Trial Brief, 17 December 2012, paras 339-344, 376; T. 20274-20275, 20278.
4547 Stanišić Defence Final Trial Brief, 17 December 2012, paras 374-381.
4548 Stanišić Defence Final Trial Brief, 17 December 2012, paras 342-343.
4549 Stanišić Defence Final Trial Brief, 17 December 2012, paras 339-340.
4550 Stanišić Defence Final Trial Brief, 17 December 2012, paras 339-340.
Case No. IT-03-69-T 767
30 May 2013